Automobile Carry With the driver having a CHP, can a loaded handgun be carried in the unlocked console of a vehicle?
I thought the answer was yes but then got confused when I read on this site for permit holders:
Automobile carry:
Loaded firearms may be carried in the passenger compartment in plain view or secured in gun cases that are unconcealed; trunk transport is also legitimate for loaded firearms.
I have searched Forums and State regs but cannot find the answer in plain English.
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Thank God I'm alive!
I see that this is your first post, so let me be the first to welcome you to USA Carry.
As for your question, I can't imagine any state (perhaps with the exception of Ohio) that doesn't allow permit holders to carry however they want while in a vehicle.
I noticed in your post that no mention was made of what state you're referring to. We'd have and easier time answering your question if we knew what state you were in.
Any society that would give up a little liberty to gain a little security will deserve neither and lose both.
Benjamin Franklin
I've certainly always thought I was legal keeping mine in the center console based on Virginia § 18.2-308:
Transporting Firearms
§ 18.2-308 Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
Based on the statute and decisions rendered by the Supreme Court, a weapon is considered to be concealed at any time it is placed in a location as to be within reach of the person, without the person being required to make an overt act to retrieve such weapon, when such weapon is hidden from common observation. Placing a weapon under the seat, on the seat hidden from common observation, or at any location from which he weapon can readily be retrieved is considered to be concealed. A person carrying a weapon in the unlocked glove compartment of an automobile, if the person does not have a permit or otherwise fall within any statutory exemption, is a violation of law, unless some particular fact or circumstance renders the weapon inaccessible.
Note: Bolding mine.
From the sounds of your post it sounds as if you read a thread on carrying with out a permit(OC). Or it was a thread about a state such as MA that has LTC B and A. Welcome to the forums I hope you enjoy them and gain as much information as you can.Originally Posted by Joe Turner
THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!
The question was referring to Virginia law.
I'm not a lawyer but my understanding is that if you can legally posses a handgun regardless if you are a CHP holder or Non-CHP holder you can conceal it in an unlocked container or compartment. This became effective July 1, 2010.
§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
10. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.
The way it was explained to me by a cop was, If you have a permit to conceal a gun.....you can conceal a gun. Without CHP, having it on you pass seat is ok, it being in it's carry case is NOT concealed. I would ASSUME the same would go for a range bag, since there usually heavily logo'd. But as long as it's not a Nike Gym Duffel bag or something I wouldn't worry about it. I didn't look TOO far into it since I have my permit.
IANAL but under VA law If you have a CHP you may carry in a compartment or on your person. Also as Hitides posted since July 1 2010 you can carry secured in a container or compartment without a CHP.
+1 for Hitides
The law changes on 1 July 2010 to allow for a non permit holder to have a concealed handgun in a compartment of the vehicle or vessel (important for boaters out there).
No offense against any of the fine officers on this forum but in my opinion you never ask a police officer about the law. Many times more than not, their knowledge is either outdated (as in the car carry law that changed on 1 July 2010) or with NFA items they aren't aware of federal law in many cases. With NFA items many LEO's (I've asked many from several jurisdictions around Northern VA) think that suppressors, SBS, SBR, full auto, etc are illegal, period (go to jail do not pass go). They don't know that with the proper paperwork (ATF stamps, etc) those items are perfectly legal to own and transport. That being said in some states those items are illegal except when held in compliance with the NFA. The ATF stamp is essentially a defense to prosecution. (sorry for going down a rabbit hole with the NFA stuff but thats a good example of knowledge in the law).
With car carry the word that jumps out at me in the statue is "secured". My version of secured may not be the LEO's version of secured.
At any rate I've got my VA CHP so it doesn't matter one way or the other for me.....
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